.' I NAME OF SERVICE MEMBER (LAST, FIRST MIDD1.F INITIAI.) 

AIR FORCE DISCIHARGE RKVJEW BOARD HEARING RECORD 

I  AFSNISSAN 

GRADE 

AMN 

I 

I

X

 

RECORDREVIEW 

I 

PERSONAL APPEARANCE 

INDEX NUMBER 

A67.10 

ADDRESS AND OR  O R C A N I U  l l O N  OF COUNSEL 

llON 

I 

GEN 

I  UOTHC 

1  OTHER 

( 

DENY 

I 

I 

I 

I 

- EXHIBITS SIIBklITTED TO THE BOARD 

- . - - - . . . 

. -- 

I 

I 

2 
3 
4 

APPL.ICA-I'ION FOR  REVIEW OF TIISCHARGE 
- .- - -  -.  - 
1,ElTER  OF NOTIFJCATlON 
BRIEF OF I'EKSONNEL  FILE 
COUNSEL'S RELEASE TO THE BOARD 
ADDITIONAL ExIIInrrs S U H M ~ I T E D  A'I'.I.LME OF 
PERSONAI. APPEARANCE 

TAPE RECOHDWG OF PERSONAL APPEARANCE 

Advise applicant of the decision of the Board, the right to a personal  appearance wittdwithout counsel, and the right to 
submit an application to the AFRCMR 

SAFIMRBR 
550 C STREF7  WES I', SUITE 40 
RANDOLPH AFR, TX 78 150-4742 

SLCKLIAHI  OFTHL AIR  kORCL PERSONUtL C O l l h C I L  
i1H FOHCL' UIS(  tlAR(.F  HF\  IFW BO4RD 
1535 COMMAND DR, EE WING, 3HD FLOOR 
ANDHEWS APB, MD 20762-7002 

AFHQ FORM 0-2077, JAN 00 

(EF-VZ) 

Previous edition wrll be used 

AIR FORCE DISCHARGE KEVlEW BOARD DECISIONAL RA'TIONALE 

C',\SL NUMBER 

FD-2004-0(32,38 

GENERAL:  'l'he  applicant appeals for upgrade of discharge to honorable. 

The applicant  was offered a personal  appearance before thc  Discharge Review Board  (DRR) but  declined to 
exercise this right. 

The attached brief contains available pertinent data o n  the applicant and the lhctors leading to the discharge. 

FINDINGS:  Upgrade of discharge is denied. 

the  equity  or propriety  of the discharge,  and 
The Board  finds the  applicai~t submitted  no  issues  co~~testing 
after  a  thorough review  of the record, the  Board  was  unable  to  identify  any that  would justify  ly  change of 
discharge. 

ISSUE:  The rccords indicated  the applicant received  two Article  15s, three Letters  of  Reprimand  and two 
Letters  of  Counseling  for  misconduct.  The  DRB  opined  that  through  these  adrninistrative  actions,  the 
'I'he  Board  concluded  the  misconduct 
applicant had  ample opportu~lities to  change his  negative  bcliavior. 
'I'he  characterization  of  the 
was  a  significant  departure  from  conduct  expected  of  all  military  mcrnbcrs. 
discharge received by the applicant was found to be appropriate. 

CONCLUSIONS:  The  Discharge  Iieview  Board  concludes  that  thc  discharge  was  consistent  with  the 
procedural  and  substantive requirements  of the  discharge regulation  and  was  within  the  discretion  of the 
discharge authority rind that the applicant was provided full  adrninistrative due process. 

Tn  view of the foregoing findings the Board fi~rther co~lcludes that there exists no legal or equitable basis for 
upgrade of discharge, thus the applicant's discharge should not be changed. 

Attachment: 
Examiner's Brief 

DEPARTMENT OF THE AIR  FORCE 

AIR FORCE DISCHARGE REVIEW BOARD 

ANDREWS AFB, MD 

(Former AMN)  (HGH AlC) 

1.  MATTER UNDER REVIEW:  Appl rec'd a GEN Disch fr Hickam AFB, HI on 23 Jun 92 
UP AFR  39-10, para 5-46 (Misconduct -  Minor Disciplinary Infractions).  Appeals 
for Honorable Discharge. 

2 .   BACKGROUND: 

a. DOB: 29 Jul 70. Enlmt Age: 1 8   2/12.  Disch Age: 21 10/12. Educ: HS  DIPL. 

E - 5 7 ,   G-74,  M-59. PAFSC: 20731 -  Apprentice Morse Systems 

AFQT: N/A.  A - 6 5 ,  
Operator. DAS: 21 Jun 9 0 .  

b.  Prior Sv: (1) AFRes 29 Sep 88 -  1 Oct 89 (1 yr 0  mos 3 das) (Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB  2 Oct 89 for 4 yrs. Svd: 2 Yrs 8 Mo 23 Das, all AMS. 
'

4

 

b.  Grade Status:  Amn  -  12 May  92  (article 15, 12 May 92) 

A1C  -  02 Jun  91  . 
~ m n

-  02 Apr 90 

 

C .   Time Lost:  None. 

d.  Art  1 5 ' s :  

(1) 12 M a v   92. Wheeler AFB, HI -  Article 134.  You.havins d 

received a lawful order from-, 
noncommissioned officer, then known by you to be a 
* 
noncommissioned officer, to pull up your pants, an order 
which it was your duty to obey, 'did, on or about 25 Apr; 
92, willfully dis 
pants and mooning 
Airman, and forfe 
mitigation) 

lling down your 
.  (No appeal)  (No 

Reduction to 

a 

(2) 28 Nov 90, Wheeler AFB, HI -  Article 92.  Y8u did, at 

Barbers Point Naval Air Station, Hawaii, on or about 17, 
Nov 90 fail to obey a lawful general regulation, to 
wit: paragraph 1-3a, AFR 215-7, dated 15 Mar 88, by  ;. 
consuming alcoholic beverages while underage. 
Suspended reduction to AB.  Forfeiture of $75.00 pay 
per month for two months.  (No appeal)  (No mitigation) 

% .  

e.  Additional: LOR, 26 MAR 92 -  Disrespect t o  an NCO. 

LOR, 28 FEB 92 -  Financial irresponsibility.  . 
LOC, 02 JAN 92 -  Financial irresponsibility. 
LOR, 02 SEP 91 -  Failure to go. 

1 

LOC, 05  APR  9 1   -  Lace for work. 

f .  CM:  None. 

g .   Record of  SV:  2  Oct 8 9   -  1 Jun  9 1   Wheeler  AFB  3 

( I n i t i a l )  

h.  Awards &  Decs:  AFTR, NDSM, AFOSLTR 

i.  Stmt of Sv:  TMS: (3) Yrs  ( 8 )   Mos  ( 2 6 )   Ilas 
( 2 )   Yrs  ( 8 )   Mos  ( 2 3 )   Das 

TAMS: 

4 .   BASIS ADVANCED FOR  REVIEW:  Appln  (DD Fm  2 9 3 )   dtd 01 Jun  0 4 .  

(Change Discharge  to Honorable) 

NO I S S U E S   SUBMITTED. 

ATCH 
1. DD Form 2 1 4 .  

DEPARTMENT OF THE AIR FORCE 

HEADQUARTERS 6924TH ELECTRONIC SECURITY GROUP (AFIC) 

WHEELER ARMY AIRFIELD HI 96854-6376 

REPLY TO 
A m  OF: 

CCQ 

SUWECt:  Notification Letter 

To! 

14 May 92 

1.  I am recommending your discharge from the United States Air Force for 
minor disciplinary infractions.  The authority for this action is AFR 
39-10, paragraph 5-46, If my recornendation is approved, your service 
will be characterized as honorable or general.  I am recommending that 
your service be characterized as general, 

2.  My reasons for this action are: 

a.  On or about 25 Apr 92, you willfully disobeyed a lawful order 

given to you by a noncommissioned officer.  For this you received 
nonjudicial punshrnent consisting of reduction to grade of airman and 
forfeiture of 7 days pay. 

b.  On or about:  20 Mar 92, you were insubordinare and disrespectful in  * 

your conduct toward a noncommissioned officer.  For this you received a 
letter of reprimand. 

* 

c.  On or about 14 Feb 92, it was brought to the attention of the unit 
that you were delinquent (total amount: of $34) in paying your account kith 
the Tradewinds NCO Club.  For this you received a letter of reprimand. 

d.  On or about 24 Dec 91, it was brought to the attention of the unit 
that: on 1  Dec 91 you issued a check to AAFES for $27 which was returned  - 
due to non-sufficient funds.  For this you received a letter of 
counseling. ' 

I 

appointed place of duty.  For this you received a letter of reprimand. 

e .   On or about 16 Aug 91, you failed to go at the   re scribed  time to 
'2. 
f.  On  or about 5 Aug 91, you failed to report at the prescribed time 

to your appointed place of duty.  For this you received a Letter of 
counseling. 

g.  On or about 17 Nov 90, you failed to obey a lawful general 

regulation (paragraph 1-3a, AFR 215-7) by consuming alcoholic beverages  * 
while underage.  For this you received nonjudicial punishment consisting 
of suspended reduction to grade of airman basic and forfeiture of $75 pay  , 
per month for two months. 

Copies of the documents to be forwarded to the separation authority in 
support of this recommendation are attached.  The cormnandex exercising 
SPCM jurisdiction or a higher authority will decide whether you will be 
discharged or retained in the Air Force.  If you are discharged, you will 
be ineligible for reenlistment in the Air Force. 

3.  You have the right to consult counsel.  Military legal counsel has 
sist you.  I have made an appointment for you to 
been o 
, Bldg 1113 (Hickam AFB),  449-2149, on 14 May  92 at 
consul 
0900 hours.  You may consult civilian counsel at your own expense. 

4.  You have the right to submit statements in your own behalf.  Any 
statements you want the separation authority to consider must reach me by 
+l8 Map 97 unless you request and receive an extension for good cause 
shown.  I will send them to the separation authority. 

, 

r 

5 .   If you fail to consult counsel or submit statements in your own 
behalf, your failure will constitute a waiver of your right to do so. 

6.  You have been scheduled for a medical examination.  You must report to 
Hickam AFB Clinic at 0730 hours on 15 Mav 92 for the examination, with 
your medical and immunization records.  Do not eat, drink, smoke or chew 
gum after 2000 hours on 14 May 92.  If applicable, you must refrain from 
wearing contact lenses and consuming alcohol at least three days prior to 
your examination.  If you wear glasses, you must bring them with you.  A 
TB Tine Test should be taken prior to the physical exam date.  If this 2s 
not accomplished before the exam, report immediately to the Immunization 
Clinic upon completion of the physical for the TB Tine Test. 

7.  Any personal information you furnish in rebuttal is covered by the 
Privacy Act Statement as explained in AFR 39-10, attachment 6.  A copy of 
AFR 39-10 is available for your use in the Unit Orderly Room. 

attached acknowledgment and return it to me immediately.